BILL NUMBER: SB 1168	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Cedillo

                        FEBRUARY 18, 2010

   An act to amend Sections 937 and 939.2 of, and to add Sections
904.9 and 923.1 to, the Penal Code, relating to grand juries.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1168, as introduced, Cedillo. Los Angeles: misdemeanor criminal
grand jury authority.
   (1) Existing law provides for the impaneling in each county of a
grand jury which is generally charged and sworn to inquire into
public offenses committed or triable within the county and to
investigate or inquire into county matters of civil concern, as
specified. Existing law authorizes the presiding judge in any county
or city and county, or the judge appointed by the presiding judge to
supervise the grand jury, to impanel an additional grand jury upon
the request of the Attorney General or the district attorney or upon
his or her own motion. Existing law authorizes the presiding judge of
the superior court of the County of Los Angeles, or the judge
appointed by the presiding judge to supervise the grand jury, to
impanel up to 2 additional grand juries, in accordance with specified
procedures.
   This bill would provide that the presiding judge of the superior
court, or the judge appointed by the presiding judge to supervise the
grand jury, may, upon the request of the prosecuting city attorney
of any city within the County of Los Angeles having a population in
excess of 3,000,000 people, order and direct the impanelment of one
additional grand jury, in accordance with specified procedures, which
may inquire into any matters involving misdemeanor offenses not
under inquiry by the regular grand jury, and which would have no
jurisdiction to return indictments.
   This bill would authorize the prosecuting city attorney to direct
this grand jury to convene for the investigation and consideration of
those matters involving misdemeanor offenses that he or she desires
to submit to it, and to take full charge of the presentation of the
matters to the grand jury, issue subpoenas, and do all other things
incident thereto to the same extent as the Attorney General or
district attorney may do, except that the prosecuting city attorney
may not prepare indictments. The bill would also provide that a
statement of the costs directly related to the impanelment and
activities of the grand jury from the presiding judge of the superior
court where the grand jury was impaneled that has been certified by
the prosecuting attorney shall be submitted to the prosecuting city
attorney for reimbursement of the costs to the county out of the
prosecuting city attorney's own budget.
   (3) Existing law provides that the grand jury or district attorney
may require by subpoena the attendance of any person before the
grand jury as interpreter, as specified, and the compensation for the
interpreter's services constitutes a charge against the county.
   This bill would provide that the prosecuting city attorney of any
city within the County of Los Angeles having a population in excess
of 3,000,000 people may also require the services of an interpreter
and in that case the compensation for the interpreter's services
constitutes a charge against the city.
   (4) Existing law provides that a subpoena requiring the attendance
of a witness before the grand jury may be signed and issued by the
district attorney, the district attorney's investigator, or, upon
request of the grand jury, by any judge of the superior court, for
witnesses in the state in support of the prosecution, for those
witnesses whose testimony in the judge's opinion is material in an
investigation before the grand jury, and for any other witnesses as
the grand jury, upon an investigation pending before them may direct.

   This bill would provide that a subpoena requiring the attendance
of a witness before the grand jury may also be signed and issued by
the prosecuting city attorney of any city within the County of Los
Angeles having a population in excess of 3,000,000 people, or by an
investigator of a district attorney or prosecuting city attorney, as
applicable.
   (5) By imposing new requirements relating to grand juries, which
are county charges, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 904.9 is added to the Penal Code, to read:
   904.9.  (a) Notwithstanding subdivision (a) of Section 904.6,
Section 904.8, or any other provision, in the County of Los Angeles,
the presiding judge of the superior court, or the judge appointed by
the presiding judge to supervise the grand jury, may, upon the
request of the prosecuting city attorney of any city within the
county of Los Angeles having a population in excess of 3,000,000
people, order and direct the impanelment of one additional grand jury
pursuant to this section.
   (b) The presiding judge or the judge appointed by the presiding
judge to supervise the grand jury shall select persons, at random,
from the list of trial jurors in civil and criminal cases and shall
examine them to determine if they are competent to serve as grand
jurors. When a sufficient number of competent persons have been
selected, they shall constitute an additional grand jury.
   (c) Any additional grand jury that is impaneled pursuant to this
section may serve for a period of one year from the date of
impanelment, but may be discharged at any time within the one-year
period by order of the presiding judge or the judge appointed by the
presiding judge to supervise the grand jury. In no event shall more
than one additional grand jury be impaneled pursuant to this section
at one time.
   (d) Whenever an additional grand jury is impaneled pursuant to
this section, it may inquire into any matters involving misdemeanor
offenses, but is not authorized to inquire into any matters that the
regular grand jury is inquiring into at the time of its impanelment
and has no jurisdiction to return indictments.
   (e) It is the intent of the Legislature that, in the County of Los
Angeles, all persons qualified for jury service shall have an equal
opportunity to be considered for service as criminal grand jurors
within the county, and that they have an obligation to serve, when
summoned for that purpose. All persons selected for an additional
criminal grand jury shall be selected at random from a source or
sources reasonably representative of a cross section of the
population that is eligible for jury service in the county.
  SEC. 2.  Section 923.1 is added to the Penal Code, to read:
   923.1.  (a) Whenever the prosecuting city attorney of any city
within the County of Los Angeles having a population in excess of
3,000,000 people considers that the public interest requires, he or
she may direct the grand jury impaneled pursuant to Section 904.9 to
convene for the investigation and consideration of those matters
involving misdemeanor offenses that he or she desires to submit to
it. He or she may take full charge of the presentation of the matters
to the grand jury, issue subpoenas, and do all other things incident
thereto to the same extent as the Attorney General or district
attorney may do, except that the prosecuting attorney may not prepare
indictments.
   (b) Upon certification by the prosecuting city attorney of any
city within the County of Los Angeles having a population in excess
of 3,000,000 people, a statement of the costs directly related to the
impanelment and activities of the grand jury pursuant to subdivision
(a) or Section 904.9 from the presiding judge of the superior court
where the grand jury was impaneled shall be submitted to the
prosecuting city attorney for reimbursement of the costs to the
county out of the prosecuting city attorney's own budget.
  SEC. 3.  Section 937 of the Penal Code is amended to read:
   937.  The grand jury  or   ,  district
attorney , or prosecuting city attorney of any city within the
County of Los Angeles having a population in excess of 3,000,000
people  may require by subpoena the attendance of any person
before the grand jury as interpreter. While his  or her 
services are necessary,  such   the 
interpreter may be present at the examination of witnesses before the
grand jury. The compensation for services of  such 
 the  interpreter constitutes a charge against the 
city in any case of the prosecuting city attorney, or against the
 county  in all other cases  , and shall be fixed by
the grand jury.
  SEC. 4.  Section 939.2 of the Penal Code is amended to read:
   939.2.  A subpoena requiring the attendance of a witness before
the grand jury may be signed and issued by the district attorney,
 his   the district attorney's 
investigator  , the prosecuting city attorney of any city within
the County of Los Angeles having a population in excess of 3,000,000
people, the prosecuting city attorney's investigator,  or, upon
request of the grand jury, by any judge of the superior court, for
witnesses in the state, in support of the prosecution, for those
witnesses whose testimony, in  his   the judge's
 opinion is material in an investigation before the grand jury,
and for  such   any  other witnesses as
the grand jury, upon an investigation pending before them, may
direct.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.